Terms of Service & Privacy Policy

Terms of Service

Effective Date: June 25, 2026 These Terms of Service (the “Terms”) govern your access to and use of the websites, applications, products, services, software, plugins, and related features offered by FrontPoint Systems Inc. d/b/a Xtend.AI (“Xtend.AI,” “we,” “us,” or “our”), including xtend.ai, app.xtend.ai, the XtendBot WordPress plugin, and Xtend.AI chatbot, voice-agent, consulting, AI, and related services (collectively, the “Services”). By accessing or using the Services, creating an account, installing the XtendBot WordPress plugin, subscribing to a paid plan, or otherwise using any Xtend.AI product or service, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1. Eligibility and Account Registration

The Services are not intended for children under 13. You may not use the Services if you are prohibited from doing so under applicable law. You are responsible for maintaining the confidentiality of your account credentials, API keys, plugin keys, and administrative access, and you are responsible for all activity under your account. You must promptly notify us of any unauthorized access or suspected security incident involving your account.

2. Xtend.AI Services

Xtend.AI provides AI strategy, consulting, custom AI/ML development, AI education and training, website content, demonstrations, software products, and related services. Some Services may be provided under a separate statement of work, subscription plan, order form, service agreement, or written proposal. If there is a conflict between these Terms and a signed agreement between you and Xtend.AI, the signed agreement will control for the specific Services covered by that agreement.

3. XtendBot Chatbot, Voice Agent, and WordPress Plugin

XtendBot is an embeddable chatbot and voice-agent service that may be used through the XtendBot WordPress plugin, web widgets, APIs, integrations, or related tools. Depending on the features enabled, XtendBot may answer questions, qualify leads, collect contact information, support appointment booking, send confirmations or follow-up messages, connect to calendars or CRM systems, process uploaded business materials, and generate AI-assisted responses based on the information you provide. You are responsible for configuring XtendBot for your business, keeping your business information accurate, testing the chatbot or voice agent before and after deployment, reviewing generated responses for suitability, and ensuring that your use of XtendBot complies with all laws, industry rules, platform policies, and contractual obligations that apply to your business. If you use the WordPress plugin, you are responsible for your WordPress site, hosting environment, plugin settings, theme compatibility, security, updates, backups, and any conflicts with other plugins or site customizations. We may update, modify, suspend, or discontinue plugin functionality from time to time.

4. AI-Generated Content and Human Review

The Services may generate responses, summaries, recommendations, classifications, transcriptions, or other AI-assisted outputs (“AI Outputs”). AI Outputs may be incomplete, inaccurate, outdated, or inappropriate for a particular use case. You are responsible for evaluating AI Outputs before relying on them or presenting them to your customers, patients, clients, employees, or other third parties. Unless expressly agreed in writing, the Services are not intended to provide medical, legal, financial, tax, emergency, safety-critical, or other regulated professional advice. You must not use the Services as the sole basis for decisions that have legal, financial, medical, employment, insurance, housing, credit, safety, or similarly significant effects on individuals without appropriate human review and legally required safeguards.

5. Customer Content and License to Operate the Services

“Customer Content” means information, data, text, files, website content, FAQs, business descriptions, knowledge-base materials, prompts, configuration settings, conversation content, call transcripts, recordings if enabled, appointment details, and other materials that you or your end users provide to or through the Services. You retain your rights in Customer Content. You grant Xtend.AI and its service providers a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and use Customer Content solely as necessary to provide, secure, maintain, support, improve, and troubleshoot the Services, comply with law, and enforce these Terms. You represent that you have all rights, permissions, notices, and consents necessary to provide Customer Content to the Services and permit Xtend.AI to process it as described in these Terms and the Privacy Policy. We do not claim ownership of Customer Content. We do not sell end-user conversation content. We do not use end-user conversation content to advertise to those end users. Use of Customer Content for model training or product improvement, if any, will be handled in accordance with the applicable service configuration, written agreement, and Privacy Policy.

6. Customer Responsibilities for End Users, Notices, and Consents

If you deploy XtendBot or any other Xtend.AI tool on your website, phone line, messaging channel, calendar system, CRM, or other environment, you are responsible for providing legally sufficient notices and obtaining legally required consents from your website visitors, callers, customers, patients, clients, and other end users. Without limiting the foregoing, you are responsible for:

• notifying end users when they are interacting with an AI chatbot or AI voice agent where required or appropriate.
• obtaining consent for call recording, call transcription, automated or AI-generated voice interactions, SMS/text messages, email messages, appointment confirmations, and marketing communications where required.
• honoring opt-out requests, including SMS “STOP” requests or other revocation requests.
• ensuring that your data collection and use complies with privacy, consumer protection, telemarketing, healthcare, financial, employment, and other applicable laws.
• ensuring that your own privacy policy and terms accurately describe your use of the Services.

If you operate in a regulated industry, including healthcare, financial services, insurance, employment, education, legal services, or similar fields, you are responsible for determining whether special compliance obligations apply. You must not submit protected health information, payment-card data, government identification numbers, children’s data, or other highly sensitive information to the Services unless the applicable Service is expressly configured and contractually approved for that purpose, and any required business associate agreement, data processing agreement, or other written agreement is in place.

7. Acceptable Use

You may not use the Services to:

• violate any law or regulation.
• infringe or misappropriate intellectual property, privacy, publicity, or other rights.
• transmit malware, spam, phishing content, deceptive content, or harmful code.
• harass, threaten, defame, exploit, or harm any person.
• generate or facilitate unlawful, discriminatory, hateful, sexually exploitative, violent, or otherwise harmful content.
• attempt to reverse engineer, interfere with, overload, scrape, or bypass security or usage controls of the Services.
• use the Services to make unlawful automated calls, texts, or emails.
• misrepresent AI Outputs as human-generated where disclosure is legally required.
• use the Services in a manner that could damage Xtend.AI, other customers, end users, or third-party providers.

8. Third-Party Services and Integrations

The Services may rely on or integrate with third-party providers, including AI model providers, hosting providers, databases, communications platforms, SMS and email providers, payment processors, calendar providers, CRM systems, meeting platforms, analytics tools, and other services. Third-party services may have their own terms, privacy policies, availability limitations, fees, and compliance requirements. We are not responsible for third-party services that we do not control, and we may add, remove, or replace providers to operate and improve the Services.

9. Fees, Subscriptions, Renewals, and Cancellation

Fees, included usage, overage rates, setup charges, billing frequency, and plan limits will be described on the applicable pricing page, order form, service agreement, proposal, or invoice. By purchasing a paid Service, you authorize Xtend.AI or its payment processor to charge the payment method on file for applicable fees, taxes, renewals, and overages. Unless otherwise stated in writing, subscription fees are billed in advance and are non-refundable, and subscriptions automatically renew until canceled. You may cancel a subscription according to the cancellation method provided for that Service or by written notice to Xtend.AI. Cancellation will stop future renewals but will not entitle you to a refund of fees already charged unless required by law or expressly stated in a separate written agreement. We may change fees or plan limits upon reasonable notice, including by posting updated pricing or notifying you through the Service or by email. If you continue using the Service after the change becomes effective, you accept the updated pricing.

10. Support and Service Availability

Support availability depends on your plan or applicable agreement. We use reasonable efforts to maintain and support the Services, but we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times. The Services may be affected by maintenance, updates, outages, third-party failures, model-provider limitations, telecommunications issues, internet disruptions, security incidents, or events outside our reasonable control.

11. Intellectual Property

Xtend.AI and its licensors retain all rights, title, and interest in and to the Services, software, plugins, models, workflows, documentation, designs, trademarks, logos, service marks, content, and other materials provided by Xtend.AI. Except for the limited right to use the Services according to these Terms and any applicable agreement, no rights are transferred to you. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the Services except as permitted by law or expressly authorized by Xtend.AI in writing. Feedback, suggestions, or ideas you provide may be used by Xtend.AI without restriction or compensation to you.

12. Website Content, Links, and Informational Materials

Information on our websites, case studies, articles, demonstrations, and marketing materials is provided for general informational purposes only and may not be complete, current, or applicable to your circumstances. Our websites may contain links to third-party websites or resources. We are not responsible for third-party content, websites, products, or services.

13. Copyright and DMCA Notices

Xtend.AI respects intellectual property rights. If you believe that content on or linked from the Services infringes your copyright, you may contact us with a notice that includes:

• identification of the copyrighted work.
• identification of the allegedly infringing material and its location.
• your contact information.
• a statement that you have a good-faith belief that the use is not authorized.
• a statement under penalty of perjury that the information is accurate and that you are authorized to act.
• your physical or electronic signature.

We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

14. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy. If you use XtendBot or another Service to process personal information on behalf of your business, you are responsible for determining whether a data processing agreement, business associate agreement, or similar agreement is required. Where required and agreed, Xtend.AI will process personal information as a service provider or processor on your behalf according to the applicable agreement.

15. Suspension and Termination

We may suspend or terminate access to all or part of the Services if:

• you violate these Terms.
• your use creates security, legal, operational, reputational, or financial risk.
• your payment is overdue.
• a third-party provider suspends or limits a required service.
• we are required to do so by law.
• we discontinue a Service.

You may stop using the Services at any time. Any provisions that by their nature should survive termination will survive, including payment obligations, ownership, confidentiality where applicable, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

16. Changes to the Services or Terms

We may modify the Services or these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, updating the effective date, sending an email, or providing notice through the Services. Your continued use of the Services after the updated Terms become effective constitutes acceptance of the updated Terms.

17. Disclaimer of Warranties

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, Xtend.AI and its suppliers and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and uninterrupted or error-free operation. You use the Services, Customer Content, and AI Outputs at your own discretion and risk.

18. Limitation of Liability

To the maximum extent permitted by law, Xtend.AI and its directors, officers, employees, contractors, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages; loss of profits, revenue, goodwill, business, data, or use; business interruption; cost of substitute services; or loss or corruption of data, whether based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if advised of the possibility of such damages. To the maximum extent permitted by law, Xtend.AI’s total liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amounts you paid to Xtend.AI for the specific Service giving rise to the claim during the twelve (12) months before the event giving rise to liability, or (b) one hundred U.S. dollars (US$100). The foregoing limitations will not apply to the extent prohibited by applicable law.

19. Indemnification

You agree to defend, indemnify, and hold harmless Xtend.AI and its directors, officers, employees, contractors, suppliers, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Services.
• Customer Content.
• your products, services, websites, or business practices.
• your violation of these Terms or applicable law.
• your failure to provide notices or obtain consents required for end-user interactions, calls, recordings, SMS, email, or AI disclosures.
• your infringement or misappropriation of any third-party rights.

20. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Subject to the arbitration provision below, the state and federal courts located in Middlesex County, New Jersey will have exclusive jurisdiction and venue. Except for claims for injunctive or equitable relief, claims involving intellectual property rights, or claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Services will be finally resolved by binding arbitration administered by JAMS under its applicable rules. The arbitration will take place in Middlesex County, New Jersey, in English, before one arbitrator, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce these Terms will be entitled to recover reasonable costs and attorneys’ fees, except where prohibited by law.

21. Miscellaneous

These Terms, together with the Privacy Policy and any applicable signed agreement, order form, or statement of work, constitute the entire agreement between you and Xtend.AI regarding the Services. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect and the invalid or unenforceable provision will be interpreted to best accomplish its original purpose. A waiver of any provision will not be a waiver of any other provision or later breach. You may not assign these Terms without our prior written consent. Xtend.AI may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms bind and benefit the parties and their permitted successors and assigns.

22. Contact

For questions about these Terms, contact Xtend.AI at support@xtend.ai or at FrontPoint Systems Inc. d/b/a Xtend.AI, 3171 Route 9 North, #315, Old Bridge, NJ 08857.

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Privacy Policy

Effective Date: June 25, 2026 This Privacy Policy explains how FrontPoint Systems Inc. d/b/a Xtend.AI (“Xtend.AI,” “we,” “us,” or “our”) collects, uses, discloses, retains, and protects information in connection with our websites, applications, products, services, software, plugins, and related features, including xtend.ai, app.xtend.ai, the XtendBot WordPress plugin, and Xtend.AI chatbot, voice-agent, consulting, AI, and related services (collectively, the “Services”).

1. Scope and Our Role

For information collected through our websites, customer accounts, billing, marketing, sales, support, and direct business relationship with you, Xtend.AI generally acts as a business or data controller. When a business customer installs or uses XtendBot or another Xtend.AI product to interact with that customer’s website visitors, callers, customers, patients, clients, or other end users, the customer generally determines why and how personal information is processed. In that context, Xtend.AI generally acts as a service provider or data processor, processing end-user information on the customer’s behalf to provide the Services. If you are an end user who interacted with an XtendBot chatbot, voice agent, SMS message, appointment flow, or similar tool on a customer’s website or communication channel, the relevant customer’s privacy policy also applies to that interaction. You may contact that customer directly to exercise privacy rights relating to information it controls.

2. Information We Collect

2.1 Website and General Visitors

When you visit our websites, we may collect browser type, device type, operating system, IP address, referring pages, pages viewed, date and time of visit, language preference, approximate location derived from IP address, cookies or similar identifiers, and other usage or diagnostic information. We may also collect information you submit through contact forms, newsletter forms, demos, downloads, event registrations, surveys, or similar interactions, such as name, email address, phone number, company, title, message content, and preferences.

2.2 Customers and Administrators

When you create an account, subscribe to a plan, install the XtendBot WordPress plugin, request support, or purchase Services, we may collect administrator name, email address, company name, phone number, billing contact details, site domain, account identifiers, API keys or plugin keys, plan information, support requests, usage records, configuration settings, business description, FAQs, business hours, documents or website content used to configure the Service, and related account information. Billing information may be processed by our payment processor; we do not intentionally store full payment-card numbers.

2.3 XtendBot End Users: Website Visitors and Callers

Depending on the features enabled by the customer, XtendBot may process chatbot messages, voice-call audio, call recordings if enabled, speech transcripts, AI responses, session identifiers, site domain, timestamps, device or browser information, phone numbers, email addresses, names, appointment details, requested services, booking preferences, SMS or email content, calendar availability, meeting-link details, and information that end users choose to provide in a conversation. XtendBot uses a randomly generated session identifier to maintain conversation context. This identifier is not intended to track individuals across unrelated websites.

2.4 Integrations and Uploaded Materials

If a customer connects calendars, email, SMS, voice, CRM, meeting, storage, or other third-party services, we may process information needed to operate those integrations, such as calendar availability, appointment records, phone numbers, email addresses, meeting links, CRM lead fields, and authentication tokens or integration identifiers. If a customer uploads documents, FAQs, website content, or other business materials, we process those materials to configure and operate the Service.

3. How We Use Information

We use information to:

• provide, operate, secure, maintain, and improve the Services.
• create and manage accounts.
• configure and personalize XtendBot and related AI tools.
• generate chatbot, voice-agent, transcription, scheduling, SMS, email, and support responses.
• process payments and manage subscriptions.
• provide customer support and troubleshoot issues.
• communicate about Services, updates, security, billing, and administrative matters.
• analyze usage, reliability, and performance.
• detect, prevent, and address fraud, abuse, security incidents, and violations of our Terms.
• comply with legal obligations and enforce agreements.
• send marketing communications where permitted by law and subject to opt-out rights.

We do not sell end-user conversation content. We do not use end-user conversation content to advertise to those end users. We do not knowingly use end-user conversation content to build advertising profiles across unrelated websites.

4. Legal Bases for Processing, Where Applicable

Where GDPR or similar laws apply and Xtend.AI acts as a controller, we process personal information based on one or more legal bases, including performance of a contract, legitimate interests, consent, compliance with legal obligations, and protection of rights and security. Where Xtend.AI acts as a processor, we process personal information according to the customer’s instructions and applicable data processing terms.

5. How We Disclose Information

We may disclose information to:

• employees, contractors, affiliates, and service providers who need access to provide the Services.
• AI model, hosting, database, communications, SMS, email, storage, analytics, payment, calendar, CRM, meeting, and support providers.
• customers who deploy XtendBot or related Services, including conversation logs, lead information, appointment details, transcripts, and usage data associated with their account.
• professional advisers, insurers, auditors, and legal representatives.
• law enforcement, government authorities, courts, or third parties where we believe disclosure is legally required or necessary to protect rights, safety, and security.
• an acquirer, successor, or assignee in connection with a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction.

We do not rent or sell personal information to third parties for their own direct marketing. If our practices change in a way that materially affects your privacy rights, we will update this Privacy Policy and provide notice where required.

6. XtendBot Subprocessors and Service Providers

To operate XtendBot and related Services, we may use subprocessors and service providers that process only the minimum information reasonably necessary for the relevant feature. Depending on the enabled features, these may include: OpenAI for AI models and embeddings; AWS S3 for storage; Supabase for database services; Redis Cloud for session cache; Google Gemini or Groq for alternative AI models; VAPI or Tevatel for voice services; Twilio or Esendex for SMS and communications; SendGrid for email; Google Calendar or Google Workspace for scheduling; Zoom for meeting links; Stripe for billing; Salesforce for CRM; and other providers that support hosting, security, analytics, and operations. A current list is available upon request at privacy@xtend.ai.

7. Cookies and Similar Technologies

We and our service providers may use cookies, pixels, local storage, and similar technologies to operate our websites, maintain sessions, remember preferences, understand usage, improve performance, secure the Services, and support marketing or analytics where permitted. You can set your browser to reject cookies or alert you when cookies are being used, but some Services may not function properly without cookies.

8. Communications and Marketing Choices

If you provide your email address, we may send service, billing, security, support, product, or marketing communications. You may opt out of marketing emails by using the unsubscribe link or contacting us. You may still receive non-marketing messages related to your account, transactions, security, or Services. If SMS or voice features are enabled for a customer’s deployment, the customer is responsible for obtaining required consent and honoring opt-out or revocation requests. Where supported, recipients may be able to reply “STOP” to opt out of SMS messages and “HELP” for help. Message and data rates may apply.

9. Data Retention

We retain personal information for as long as reasonably necessary to provide the Services, manage accounts, comply with legal obligations, resolve disputes, enforce agreements, maintain security, and support legitimate business purposes. Unless a different period is stated in an applicable agreement, configured in the Service, required by law, or needed for security, compliance, billing, dispute resolution, or legitimate operational purposes, XtendBot conversation logs, call transcripts, session records, and related end-user interaction data are generally retained for up to twelve (12) months and then deleted or anonymized. Customers may request deletion of certain data, subject to legal, security, and technical limitations.

10. Security

We use reasonable administrative, technical, and organizational measures designed to protect personal information against unauthorized access, use, alteration, disclosure, or destruction. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

11. International Transfers

We are based in the United States, and our service providers may process information in the United States, India, and other countries. These countries may have data protection laws that differ from those in your location. Where required, we use appropriate safeguards for international transfers.

12. Your Privacy Rights

Depending on your location and applicable law, you may have rights to request access to, correction of, deletion of, portability of, or restriction of processing of your personal information, or to object to certain processing. You may also have the right to withdraw consent where processing is based on consent. California residents may have rights to know the categories and specific pieces of personal information collected, the purposes for collection and disclosure, the categories of sources and recipients, to request deletion or correction, to opt out of sale or sharing, and to be free from discrimination for exercising privacy rights. We do not sell personal information or share personal information for cross-context behavioral advertising as those terms are commonly used under California privacy law. To exercise rights relating to information Xtend.AI controls, contact us at privacy@xtend.ai. If you are an end user of a customer that uses XtendBot, we may direct your request to the customer or respond consistent with our obligations to that customer and applicable law.

13. Children’s Privacy

The Services are not intended for children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, contact us at privacy@xtend.ai so we can take appropriate action.

14. Sensitive Information and Regulated Data

Unless expressly agreed in writing, the Services are not designed to process protected health information under HIPAA, payment-card information subject to PCI DSS, children’s data, precise geolocation, government identification numbers, biometric identifiers, or other highly sensitive or regulated information. Customers must configure their deployments to avoid collecting unnecessary sensitive information and must not submit regulated information unless the applicable written agreement and Service configuration permit it.

15. Business Transfers

If Xtend.AI is involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction, information may be transferred as part of that transaction, subject to this Privacy Policy and applicable law.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes, we will provide notice by posting the updated policy, updating the effective date, sending an email, or providing notice through the Services. Your continued use of the Services after the updated Privacy Policy becomes effective means you accept the updated policy to the extent permitted by law.

17. Contact Us

For privacy questions or requests, contact us at privacy@xtend.ai or support@xtend.ai, or by mail at FrontPoint Systems Inc. d/b/a Xtend.AI, 3171 Route 9 North, #315, Old Bridge, NJ 08857.